HomeMy WebLinkAboutM070792July 7, 1992
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin
and Chair polan present. John S. Blacklock, chief
administrative officer; Susan Minasian, county counsel;
and Carol Roach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
92-265 Items removed from the Consent Agenda for Board approval
and action.
1. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-286 (PUBLIC DEFENDER) AND B-287
(CSA IAANS).
Consent Aqenda
92-266 1. Approval of minutes - action requested - APPROVE
MINUTES OF JUNE 23, 1992 AND JUNE 3Q, 1992.
2. County Service Area No. 139 (Stanley Park) - a
resolution of intent has been prepared to establish
CSA No. 139 (Stanley Park) to provide water
service - action requested - ADOPT RESOLUTION 92-80
SETTING A PUBLIC HEARING ON TUESDAY, AUGUST 18,
1992 AT 10:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN.
3. County Library donations - in accordance with
Government Code Section 25355, donations of $200
anonymously and $190 from Chico Friends of the
Library have been received for the Butte County
Library Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTER OF APPRECIATION.
4. Alcohol and Drug Advisory Council - action
requested - REAPPOINT JEFF ZELSDORF, JoANN WENZEL
AND SHAUNA QUINN TO SERVE UNTIL JULY, 1995.
Page 221
July 7, 1992
92-266 July 7, 1992
5. Biggs Memorial Hall Committee - action requested -
REAPPOINT MARK WEBER, GEORGE GOODWIN, RAY VALVERDE,
ANTONIO AIRISA, AND APPOINT NORRIS ANDERSON TO
SERVE UNTIL JUNE 30, 1993.
6. Chico Memorial Hall Committee - action requested -
REAPPOINT AS DELEGATES JIM GARD AND ARNOLD GRIFFIN,
APPOINT AS DELEGATES GEORGE McDONALD, CHUCK WITTEN
AND TIM TOKUNO, AND APPOINT AS ALTERNATES GILBERT
MICKELSEN, JIM TALBOT, HERB HALE AND JEFF JEFFRIES
TO SERVE UNTIL JUNE 30, 1993.
7. Durham Memorial Hall Committee - action requested -
REAPPOINT HUGH WELLS, MILTON WILLADSEN, FARREL
HAMILTON, JERRY MORRISON AND JACK COONS TO SERVE
UNTIL JUNE 30, 1993.
8. Gridley Memorial Hall Committee - action
requested - REAPPOINT TIM TOKUNO, ARTHUR BELL, RAY
ROBERTS, WILLIAM FARR AND EUGENE STRAW TO SERVE
UNTIL JUNE 30, 1993.
9. Paradise Memorial Hall Committee - action
requested - REAPPOINT ALBERT PLUMB, LESLIE LYON,
HARRY HUDSON, ROBERT STUART, AND APPOINT BLAINE
FARBER, JAMES MOYER AND ROY GATCH TO SERVE UNTIL
JUNE 30, 1993.
10. Economic Development Corporation - action
requested - APPOINT KAY ZIMMERLEE, DISTRICT 5
REPRESENTATIVE, TO SERVE UNTIL DECEMBER 31, 2992.
11. Upham Cemetery District - action requested -
REAPPOINT IRVING BETTINGER, JARRETT MANLEY AND
ELDON BUNKER TO SERVE UNTIL JULY 1, 1996.
12. Lake Oroville Area Public Utility District -
proposed is a property tax exchange agreement for
Greenbank Avenue Annexation District No. 1
(Greenbank Avenue Annexation #1-92) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
13. Conveyance of County property - Board authorization
is requested for the donation of a 1967 Ford F-150
1/2 ton pick-up truck (asset no. 250) to the Butte
County Fair. The truck has been taken out of
service by the County - action requested -
AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO
CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE
SECTIONS 25365 AND 6061.
Page 222 July 7, 1992
92-266
July 7, 1992
14. Introduction of a salary ordinance amendment
changing the allocated position control of the
Probation - Victim Witness Grant by eliminating one
50~ probation officer II/I position and reducing
one full time probation officer II/I position to
60~, and of the Probation - Board of Control Grant
by reducing one full time victim claims specialist
position to 50~. The salary ordinance amendment
will result in commensurate reductions ($52,224) in
State funding - action requested - WAIVE READING OF
THE ORDINANCE.
15. Introduction of an ordinance establishing a speed
limit of 35 miles per hour on Skyway from 6.45
miles north of Quartz Street to 6.75 miles north of
Quartz Street (Inskip) - action requested - WAIVE
READING OF THE ORDINANCE.
16. Right of way acquisition - Oroville Quincy Highway
Reconstruction Project, No. FH 119-1(2) and 2(2):
Parcel
Nos. Owner Acres
4 Hans J. Meihoefer 0.63
5A&B Glenn S. Brown 0.28
6 Homer W. Tremain 0.31
7 Philip J. Graham 0.30
8 Jack W. Osman 1.18
14 Haphazard Meadows 1.24
15 Haphazard Meadows 0.75
16 Haphazard Meadows 2.72
BC-1C Sierra Pacific 2.68
Industries, Inc.
BC-2C Sierra Pacific 3.04
Industries, Inc.
BC-3C Sierra Pacific 1.25
Industries, Inc.
There are no right of way acquisition costs for the
above subject properties - action requested -
APPROVE AGREEMENTS FOR ACQUISITION, AND AUTHORIZE
THE CHAIR TO SIGN; ACCEPT DEEDS, AND AUTHORIZE THE
CHAIR TO SIGN CERTIFICATES OF ACCEPTANCE.
Page 223
July 7, 1992
92-266
July 7, 1992
17. Contract change order no. 2 and notice of
completion for installing signs on various Butte
County roads, Hazard Elimination Project HES-
OOOS(372), County Project No. SP-89-1 - contract
change order no. 2 in the increasing amount of $401
(roads fund) provides payment for increasing the
number of signs installed. All work has been
completed in accordance with plans and
specifications - action requested - APPROVE
CONTRACT CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR
TO SIGN; ACCEPT PROJECT; AUTHORIZE THE CHAIR TO
SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING
OF THE NOTICE OF COMPLETION.
18. 1992/93 Victim/Witness Assistance Program - a
resolution has been prepared authorizing the Chief
Probation Officer to submit to the State Office of
Criminal Justice Planning (OCJP) an application in
the amount of $137,890 for continued funding of the
Victim/Witness Assistance Program - action
requested - ADOPT RESOLUTION 92-81 AND AUTHORIZE
THE CHAIR TO SIGN.
19. 1992/93 Child Health and Disability Prevention
Program Plan update - the 100 percent State funded
program provides health screenings for eligible
children as well as for those under 21 who are
eligible for MediCal - action requested - APPROVE
PLAN UPDATE AND AUTHORIZE THE CHAIR TO SIGN THE
CERTIFICATION.
20. Bus shelter agreement - license to construct and
use structure on private real property - the
proposed agreement with Max B. McCaig grants an
easement on private property (Fair Street, Chico)
to the County of Butte for the purpose of
constructing a Butte County Transit bus shelter -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
21. Pioneer Union School District - an amended conflict
of interest code has been submitted for approval by
the code reviewing body pursuant to Government Code
Section 87303. County Counsel has reviewed the
code and recommends approval - action requested -
APPROVE CONFLICT OF INTEREST CODE AS SUBMITTED.
Paqe 224
July 7, 1992
92-266 July 7, 1992
22. Emergency Action Plan - Title 8, Section 3220,
California Code of Regulations requires employers
to develop a written Emergency Action Plan which
shall cover those designated actions employers and
employees must take to ensure employee safety from
fire and other emergencies - action requested -
ADOPT PROPOSED EMERGENCY ACTION PLAN FOR INCLUSION
IN THE COUNTY'S SAFETY PR06RAM.
23. County service area (CSA) loans - resolutions have
been prepared to authorize loans from the CSA
revolving loan fund to the following county service
areas: No. 21, zone 2(Oakridge sewer), $150; No.
79, zone 1(Big Chico Creek Estates) ,$l, 500; No.
93 (Pleasant Oak Subdivision), $30; No. 95 (Copley
Acres Drainage), $400; No. 101 (Carriage Estates
Subdivision), $275; No. 103 (Morris Subdivision),
$475; and No. 137 (Durham-Dayton Industrial
Partners), $175. Budget transfer 8-287 has been
prepared to provide the necessary appropriations -
action requested - ADOPT RESOLUTIONS 92-82, 92-83,
92-84, 92-85, 92-86, 92-87, 92-88 AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM
3.10 CORRECTED TO REFLECT JUNE 30, 1993, AND
THE REMOVAL OF ITEM 3.02.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Regular Aqenda
92-267 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
92-268 North Central Valley Wetland Conservation easement
program - U. S. Fish and Wildlife Service - presentation
to the Board of a resolution of consent for acquisition
(upon a willing seller basis) of waterfowl or wetland
habitat easements in certain designated unincorporated
areas of Butte County. (107)
MOTION: I MOVE THAT THE PROPOSED RESOLUTION BE AMENDED
TO REFLECT CASE-BY-CASE APPROVAL BY THE COUNTY
OF BUTTE.
M S
VOTE: 1 2 3 4 5(Motion and Second Withdrawn)
Page 225
July 7, 1992
92-268 ~uly 7. 1992
(BOARD DIRECTION FOR A COMMITTEE CONSISTING OF SUPERVISOR
McLAUGHLIN, COUNTY COUNSEL, ASSESSOR, U.S. FISH AND
WILDLIFE SERVICE REPRESENTATIVES, AND OTHER INTERESTED
LANDOWNERS TO DEVELOP APPROVAL CRITERIA RELATIVE TO THE
PROGRAM, AND REPORT THEIR RECOMMENDATIONS TO THE BOARD)
92-269 Report to the Board on the Cost Recovery Study findings
for the Department of Development Services - action
requested - ACCEPT STUDY AND SET A HEARING ON PROPOSED
FEE REVISIONS FOR AUGUST 18, 1992 AT 10:45 A.M. (2460)
MOTION: I MOVE TO ACCEPT THE STUDY AND SET A HEARING
ON THE PROPOSED FEE REVISIONS FOR AUGUST 18,
1992 AT 10:45 A.M.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:20 A.M.
RECONVENE: 10:33 A.M.
92-27o Report to the Board on proposed smoking ordinance -
action requested - DISCUSSION AND BOARD DIRECTION.
(2575) (**00)
MOTION: I MOVE TO RETAIN THE CURRENT COUNTY SMOKING
ORDINANCE WHICH PERMITS CITIZENS TO POST AND
ESTABLISH THEIR ESTABLISHMENTS/BUSINESSES "NO
SMOKING".
M
VOTE: 1 2 3 4 5 (Motion Died/No Second)
MOTION: I MOVE THAT THE COUNTY DRAFT A STRONG, NO
SMOKING ORDINANCE VERY SIMILAR TO THE ONE
ADOPTED BY THE TOWN OF PARADISE AND PROPOSED
BY THE CITY OF CHICO, FOR INCLUSION ON THE
NOVEMBER, 1992 GENERAL ELECTION BALLOT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
MOTION: I MOVE THAT AN ORDINANCE BE DRAFTED BASED UPON
THE "PART FREE MARKET" CONCEPT, WITH COUNTY
ENFORCEMENT, FOR INCLUSION ON THE NOVEMBER,
1992 GENERAL ELECTION BALLOT WITH THE INTENT
THAT THIS NOT BE A WEAKER ORDINANCE THAN
CURRENTLY IN FORCE.
S M
VOTE: 1 N 2 N 3 Y 4 Y 5 N(Motion Failed)
Page 226 July 7, 1992
July 7, 1992
Public Hearings and Timed Items
Air Pollution Control District
92-271 Recess at 12:03 p.m. as the Board of Supervisors and
convene as the Air Pollution Control District Board of
Directors. Present: Directors Fulton, Houx, McInturf,
McLaughlin and Chair polan. (2626) (***00)
1. Approval of minutes - action requested - APPROVE
MINUTES OF MAY 5, 1992.
MOTION: I MOVE TO APPROVE THE MINUTES OF MAY 5, 1992.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Sacramento Basin Control Council - proposed is an
amendment to the joint powers agreement for
establishment of an air basin coordinator position
that would: (1) establish fiscal accountability;
{2) require quarterly reports of receipts and
disbursements; and (3) allow amendment of the
agreement by a majority of signatories - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Public hearing - consideration of the adoption of
new Air Pollution Control District Rule 207
(fugitive dust emissions), Rule 208 (exemptions to
Rule 207), and amendment of Rule 102 (definition of
fugitive dust) - action requested - ADOPT
RESOLUTION ADOPTING RULES 207, 208 AND AMENDMENT OF
RULE 102.
MOTION: I MOVE TO ADOPT RESOLUTION NO. 92-01 AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Adjourn at 12:15 p.m. as the Air Pollution Control
District Board of Directors and reconvene as the Board of
Supervisors.
Page 227
July 7, 1992
July 7. 1992
Regular Agenda
92-272 Butte County Jail - Reversion Fund Application - an
application has been prepared to the State Board of
Corrections and California State Association of Counties
for reverted funds from Propositions 2, lb and 52 in the
amount of $1,562,170 (State $1,171,628/County $390,542).
The purpose of the application is to assure adequate
financing to complete the jail project construction -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (60)
MOTION: I MOVE TO ADOPT RESOLUTION 92-89 AND AUTHORIZE
THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
92-273 Butte County General Plan Update - Issues and Options
Report - setting of a joint meeting(s) of the Board and
Planning Commission on Tuesday, August 4, 1992 at
1:30 p.m. - action requested - SET MEETING(S). (174)
(SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON
PRESENT)
(SUPERVISOR McLAUGHLIN NOT PRESENT)
MOTION: I MOVE TO SET A JOINT MEETING OF THE
BOARD/PLANNING COMMISSION ON THE COUNTY'S
GENERAL PLAN UPDATE - ISSUES AND OPTIONS
REPORT FOR TUESDAY, AUGUST 4, 1992 AT
2:00 P.M.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
92-274 Report to the Board - bid opening - reconstruction of
Garner Lane Road and bridqe, County contract no. 61165A-
91-1 - action requested - AUTHORIZATION TO AWARD CONTRACT
TO LOW BIDDER. (1035)
MOTION: I MOVE TO AWARD THE CONTRACT TO LOW BIDDER
POLLOCK AND DENICO, INC., SACRAMENTO, SUBJECT
TO THE THEIR MEETING THE DISADVANTAGED
BUSINESS ENTERPRISE CONDITION OF THE CONTRACT,
IN THE AMOUNT OF $206,653.
M S
VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
Page 228
July 7, 1992
July 7, 1992
92-275 California Conservation Corps. (CCC) update. (1053)
(SUPERVISOR McLAUGHLIN PRESENT)
MOTION: I MOVE THAT SUPERVISORS FULTON AND McLAUGHLIN
BE APPOINTED AS AN ONGOING COMMITTEE TO WORK
WITH JOE NEAL, HEAD OF THE CALIFORNIA
CONSERVATION CORPS. CENTER, MAGALIA, T~
ESTABLISH REIMBURSABLE PROJECTS FOR THE CCC IN
THE AMOUNT OF $200,000 FOR THIS FISCAL YEAR.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
92-276 Items removed from the Consent Agenda for Board
consideration and action. (1177)
1. Budget transfers - action requested - APPROVE
BUDGET TRANSFERS B-286 (PUBLIC DEFENDER) AND B-287
(CSA LOANS).
MOTION: I MOVE APPROVE BUDGET TRANSFERS B-286 (PUBLIC
DEFENDER} AND B-287 (CSA LOANS).
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried)
Public Hearings and Timed Items
92-277 A closed session will be necessary for the purpose of
litigation, personnel matter, and meet and confer.
(1256) (NONE)
92-278 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (1257)
1. Charles Cruthers, Oroville - requested a copy of
Dr. Chet Ward's handout to the Board on item 4.05,
July 7, 1992 agenda.
Page 229
July 7, 1992
July 7. 1992
92-279
Communications
COMMIJNICATIONS
OFFICE.}
a. James Wheeler, Secretary, California Association of
County Veterans Service Officers, Inc. - notifies
the Board that the County's Veterans' Service
Office was recently ranked among the most efficient
in California by this association, and outlines the
results of a study on benefits paid by the
Veterans' Administration to a veteran, his
dependents or survivors - action requested - REFER
TO DIRECTOR-GENERAL SERVICES AND VETERANS' SERVICE
OFFICER.
b. Wes Johnson, Butte County Disposal, et al. - notify
the Board of their opposition to the conversion
from volume gate fees to tonnage qate fees at the
Neal Road Landfill - action requested - REFER TO
ADMINISTRATION AND DIRECTOR-PUBLIC WORKS.
c. Donald McIntosh, President, Northern California
County Supervisors Association (NorCal) - requests
Board support for leqislation to allow local Boards
of Supervisors to say yea or no on any export of
groundwater - action requested - REFER TO
ADMINISTRATION AND COUNTY COUNSEL.
d. Patricia A. Burke, Chico - forwards her resignation
from the Butte County Integrated Waste Management
Task Force - action requested - ACCEPT RESIGNATION
AND AUTHORIZE LETTER OF APPRECIATION; AND REFER TO
THE CLERK OF THE BOARD.
e. Stan Statham, Assemblyman, First District -
congratulates the County of Butte for being awarded
a grant from the State's 1992 allocation for the
State Community Development Block Grant Program -
action requested - REFER TO DIRECTOR-PUBLIC WORKS.
f. Herbert Witt, Regional Inspector General for Audit
Services, U. S. Department of Health & Human
Services - reports to the Board on the desk review
of the audit report on the County of Butte for the
year ended June 30, 1991 relative to federal funds
awarded by the U.S. Department of Health and Human
Services (HHS). The audit was performed by Bartig,
Basler & Ray, Certified Public Accountants - action
requested - REFER TO AUDITOR-CONTROLLER AND
DIRECTOR-PUBLIC HEALTH.
Communications
received and referred. (COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
Page 230
July 7, 1992
92-279 July 7, 1992
g. Michael L. Negus, President, Butte County Veterans'
Council - proposes a change in the Butte Cvunty
Memorial Hall rules and regulations which currently
limit the term of a hall board committee member to
four years - action requested - REFER TO DIRECTOR-
GENERAL SERVICES FOR REPORT AND RECOMMENDATION.
ADJOURNMENT: There being no further business before
the Board, the meeting was adj ourned at
12:57 p.m. to reconvene at 9:00 a.m. on
Tuesday, July 21, 1992.
~ ~.~ .
- - ~
_~-
~ -~"J E DO , Chair
~ Bo rd of Supervisors
~
ATTEST: JOHN S. ~LACKLdCK, Chief'Administrative ~fficer
I and Clerk of the,Board of Supervisors
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By : ~_ ,_~.., _ `~ ~'~~ a ~ -~-
Page 231
July 7, 1992